Enforcing commercial agreements through summary proceedings: what are your options?

News: Heineken vs Jumbo

In a recent case before the preliminary relief judge of the District Court of Oost-Brabant, Heineken tried to force supermarket chain Jumbo to buy its beer again. Heineken argued that Jumbo did not comply with delivery agreements. The court rejected Heineken’s claim – Jumbo does not yet have to take delivery of the beer.

This case is illustrative for companies that are faced with compliance issues regarding commercial agreements and quickly seek a solution through the courts. What can you do in such a case via summary proceedings?

What is summary proceedings?

Summary proceedings are accelerated civil proceedings before the interim relief judge, intended for situations in which a (preliminary) decision is needed at short notice. This procedure is particularly suitable when there is an urgent interest, for example, in enforcing contractual obligations, in the event of imminent damage or to prevent irreversible consequences.

For example, if a contract partner refuses to deliver goods or services as contractually agreed, you can try to enforce this through summary proceedings.

What can you claim in summary proceedings?

Through summary proceedings you can claim, among other things, the following.

Compliance with contractual obligations. Think of delivery of products, performance of agreed work and sometimes also payment of invoices.

Demand an injunction against unlawful acts. For example, stopping infringement of your trademark or trade secrets. You can then also ask for a penalty payment to be imposed. As an incentive to enforce compliance with the judgment.

Lifting of prejudgment attachments you are facing.
Note: that summary proceedings offer a preliminary injunction. In some cases, further proceedings on the merits are required afterwards.

What are important criteria for summary judgment?

Among other things, the judge will assess whether:
1. There is an urgent interest;
2. Your legal and factual substantiation is sufficiently strong;
3. Your interest outweighs that of the other party.

What can we do for you?

We have extensive experience in summary proceedings and commercial litigation. We can assist you quickly and effectively by:

– Analyzing your legal position
– Assessing the feasibility of summary proceedings
– Starting and conducting the proceedings at short notice
– Negotiating on your behalf with the opposing party

Do you have to deal with a party that does not keep to the agreements made? Then we will be happy to help you find a suitable and effective solution.

You can find more information about the procedure on our information page about summary proceedings.

Advice

Do you have questions about the above developments or do you have other legal questions about corporate law? Our specialized lawyers will be happy to assist you.